Deal to settle Tampa Bay Water reservoir lawsuit comes up one vote short

By Craig Pittman, Times Staff Writer
In Print: Tuesday, September 20, 2011


A sharply divided Tampa Bay Water board voted Monday to settle its lawsuit against the company that designed its flawed reservoir, with HDR Engineering handing over $30 million — far less than the cost of a repair, which means the ratepayers would likely pick up the rest of the tab.

The regional utility’s management announced the settlement in a news release, and an HDR executive hailed it as the best possible solution.

But there was a problem. The settlement passed by a vote of 4-3 — and it turns out that’s not enough.

Late Monday, two Pinellas County commissioners who were on the losing side of the vote pointed out what was wrong: The rules governing Tampa Bay Water require at least five of the board’s nine members to ratify any legal settlement.

Votes to approve the settlement fell one short, so “it doesn’t count,” said Pinellas Commissioner Susan Latvala.

Latvala and Commissioner Neil Brickfield had voted against the settlement and then heard about the problem from county attorneys who were familiar with how Tampa Bay Water was set up, she said.

As a result, the board will have to vote on the proposed settlement again at its Oct. 17 meeting, according to spokeswoman Michelle Biddle Rapp.

But this time it will be different. Monday’s decision to settle the case, as with all previous discussions of the lawsuit, took place behind closed doors, thanks to an exemption in Florida’s open government law. No one in the public knew the terms of the settlement discussions in advance. Now they do.

“Stay tuned for another installment,” joked Latvala, who has seen the utility stumble repeatedly over glitches with its desalination plant and its relations with other government agencies.

For nearly two years, Tampa Bay Water officials have said they hoped the companies that designed and built the reservoir would bear most, if not all, of the cost of fixing its cracks.

Two of the contractors that worked on the reservoir had previously settled the utility’s claims for $6.75 million. Added to the proposed settlement with HDR, that makes $36.75 million in damages — which falls far short of the repair cost, estimated at $121 million.

The decision on how to pay for the rest — and whether it will mean a rate hike — will come next year, said Tampa Bay Water general manager Gerald Seeber. The staff is predicting rates might go up 10 to 15 cents per thousand gallons of water used. The average Tampa Bay area household uses about 8,000 gallons, so that would be 80 cents to $1.20 per month on the average bill.

Latvala, Brickfield and Hillsborough County Commissioner Sandy Murman voted to oppose the settlement, while St. Petersburg City Council member Karl Nurse, Pasco County Commissioners Anne Hildebrand and Ted Schrader and New Port Richey Mayor Bob Consalvo voted to go ahead with it.

Two members weren’t there: Tampa City Council member Charlie Miranda was recovering from surgery and Hillsborough County Commissioner Mark Sharpe was attending a Hillsborough Area Regional Transit committee meeting. Sharpe could not be reached for comment, but Miranda said he’d be at the October meeting “even if I have to find someone to drive me.”

Nurse said he voted for the settlement because he was worried that even if Tampa Bay Water were to win, HDR would appeal and drag the case out for years. Hildebrand said any rate increase would be “just pennies.”

But Brickfield predicted water customers “are going to feel a lot like me — not happy.”

The utility opened the 15.5 billion-gallon C.W. Bill Young Regional Reservoir in June 2005 as a place to store water skimmed from the Alafia River, Hillsborough River and Tampa Bypass Canal. The embankment’s top layer is a mixture of soil and cement to prevent erosion. That’s what cracked in December 2006. Some cracks were up to 400 feet long and up to 15½ inches deep. Workers patched the cracks, but the fix didn’t last.

Last month Tampa Bay Water approved a contract with Kiewit Infrastructure South to repair the reservoir and also boost its capacity by 3 billion gallons for $156 million. The company has promised to finish in two years — during which the reservoir will be drained, forcing the utility to use its desalination plant more.

Craig Pittman can be reached at craig@sptimes.com.

August 2011 Citizen Board Appointments

HILLSBOROUGH COUNTY NEWS

Aug. 9, 2011

For more information, contact: Luann Finley, Director of Board Services,  at: 813-272-5826 (Phone)

Commissioners Seek Applications For Citizen Boards

 

Hillsborough County Commissioners are seeking residents to serve on County citizen advisory boards. Residents interested in seeking appointment must be registered voters in Hillsborough County. These are voluntary positions, and members serve without compensation.  The deadline for applying is Thursday, Sept. 1.  Appointments will be scheduled for a meeting of the Board of County Commissioners in September or October.

An application is available in the Commissioners’ reception area on the second floor of County Center, 601 E. Kennedy Blvd. in downtown Tampa, by calling the Boards and Councils Coordinator at (813) 272-5826, or on the County’s website at: www.hillsboroughcounty.org. Click on the “County Commission” link on the left-hand side of the page, then the “Advisory Boards and Committees” sublink.  The form can be filled out on-line and printed, but cannot be submitted electronically.  Directions for submission are listed on the form.

The Boards that have openings are:

 

AFFORDABLE HOUSING ADVISORY BOARD–advises and makes recommendations to the Board of County Commissioners and Affordable Housing Officer on issues affecting affordable housing development, and to assist the County in developing new programs and policies in order to foster the development and preservation of attainable housing for those County residents who desire to live in safe, decent and affordable housing.

One position is vacant due to resignation.  Position is for remainder of term which expires Aug. 1, 2012.  Position is specified as a mortgage lending industry representative.  After two full consecutive terms, a member shall not be eligible for reappointment until three calendar years have elapsed from date of termination of the second term. Meeting schedule: Monthly, first Monday, 9 a.m.

 

CHILD CARE FACILITIES ADVISORY BOARD–advises the Board of County Commissioners on recommended amendments to the Child Care Facilities Ordinance; proposes additional rules and regulations to the Board of County Commissioners which fulfill the intent and purpose of the Ordinance; and recommends and assists the Hillsborough County Office of Child Care Licensing in the development and implementation of training materials for child care personnel.  It also advises the Hillsborough County Office of Child Care Licensing on all matters relating to child care facilities.

One position is vacant due to resignation.  Term is for three years.  Position is specified as an operator of a religiously exempt child care facility.  Appointment to this Board is contingent upon passing a criminal background check. Meeting schedule: Monthly, first Thursday, 1 p.m.

 

CHILD CARE LICENSING HEARING OFFICERS-conducts hearings when requested by an applicant for a license or a current licensee, whenever an application for a license is denied, or whenever a license has been placed on probation, suspended, revoked or an administrative fine has been imposed by the Office of Child Care Licensing, and makes findings and recommendations with respect to the matters considered at the hearing, pursuant to the Hillsborough County Child Care Home Licensing Ordinance 05-9 and the Hillsborough County Child Care Facilities Ordinance 03-25, as amended by Hillsborough County Ordinance 04-25.

Two terms are expiring. Terms are for three years. Hearing Officers must be members in good standing of the Florida Bar and may not be employees of the County Attorney’s Office.  Appointment as a Hearing Officer is contingent upon passing a criminal background check. Meeting schedule: When requested.

 

CODE ENFORCEMENT BOARD–hears violations of all codes and ordinances of Hillsborough County with most cases arising out of violations of the County’s housing, building, zoning and sign codes and ordinances to maintain minimum health and safety standards.

One position is vacant due to resignation.  Position is for remainder of term which expires Dec. 31, 2012.  Consideration for membership shall be given to representatives from the following fields: a businessperson, an engineer, an architect, a general contractor, a subcontractor, or a realtor.  Citizens appointed to this Board will be required to file an annual financial disclosure, and must reside in the unincorporated area of Hillsborough County. Meeting schedule: Monthly, generally 2nd or third Friday, 9 a.m.

 

FAMILY CHILD CARE HOME ADVISORY BOARD–annually reviews and advises the Board of County Commissioners on recommended amendments to the Family Child Care Homes Licensing Ordinance or the Rules and Regulations Handbook including recommending and assisting the local licensing agency in the development and implementation of training materials for child care personnel; advising the local licensing agency on matters of licensing policy, procedure, and priorities; and proposes additional rules and regulations regarding the intent and purpose of the ordinance.

Two positions are vacant.  Terms are for three years.  Positions are specified as a parent who has a child enrolled in licensed family day care home.  Appointment to this Board is contingent upon passing a criminal background check.  Meeting schedule:  Quarterly, third Thursday, 7 p.m.

 

HEALTH CARE ADVISORY BOARD–improves accessibility and efficiency of care for medically poor residents of Hillsborough County through recommendations to the Board of County Commissioners for fund allocation, coordination, planning and monitoring of health care delivery systems.

One position is vacant.  Term is for four years.  Position is specified as a mental health care provider. Meeting schedule: Monthly, third Thursday, 3 p.m.

 

HEALTH COUNCIL OF WEST CENTRAL FL, INC.–works in collaboration with community-based organizations to identify, address, and resolve health care issues of local concern.  The Council collects and analyzes health care data, prepares special reports and publications, and educates the community about special health issues.  Two terms are expiring.  Terms are for two years.  Positions are specified as 1) a health care provider, and 2) a health care consumer under the age of 60. Meeting schedule:  Alternating Wednesdays, 8 a.m. in St. Petersburg.

 

HILLSBOROUGH AREA REGIONAL TRANSIT AUTHORITY–provide excellent customer service while building solutions to support Hillsborough County’s mass transit needs….now and into the future.  Two positions will be expiring in October and one position is newly created.  Terms are for three years.  Citizens appointed to this Authority must reside in the unincorporated area of Hillsborough County, and will be required to file an annual financial disclosure. Meeting schedule: Monthly, first Monday, 9 a.m.

 

HISTORIC RESOURCES REVIEW BOARD–serves as an architectural review board for the protection of historic resources in unincorporated Hillsborough County.  It recommends archaeological and historical sites to the Board of County Commissioners for landmark designation and reviews alterations and new construction on landmark sites or districts.

Two positions are vacant.  Terms are for three years.  Positions are specified as two architects, licensed to practice in the state of Florida, or one licensed architect and one architectural historian, both licensed to practice in the state of Florida.  Citizens appointed to this Board must reside in the unincorporated area of Hillsborough County. Meeting schedule: Monthly, third Tuesday, 3 p.m.

 

MECHANICAL BOARD OF ADJUSTMENT, APPEALS AND EXAMINERS–confirms the competency and integrity of applicants applying for mechanical certification in the County, and takes disciplinary action against those contractors that fail to comply with the Mechanical Code.

Three positions are vacant.  Member terms are for four years.  Alternate terms are for two years.  Positions are specified as 1) a mechanical trades representative, and 2 & 3) alternates.  Citizens appointed to this Board will be required to file an annual financial disclosure. Meeting schedule:  Quarterly, third Thursday, 10 a.m.

 

PLANNING COMMISSION–an independent consolidated planning agency, led by appointed citizens, which serves all the citizens of Hillsborough County by providing a vision for improving the quality of life.  The Planning Commission and its staff serve as agents within the community to promote and coordinate the involvement of all people in comprehensive long-range planning, growth management, transportation, and environmental protection.  The Planning Commission makes recommendations to the Board of County Commissioners, Tampa City Council, Plant City Commission, and Temple Terrace City Council regarding land use, community planning, capital improvements, urban design, and other comprehensive issues.

Two terms are expiring.  Terms are for four years.  Citizens appointed to this board by the County Commission must reside in the unincorporated area of Hillsborough County.  Citizens also will be required to file an annual financial disclosure.  Members appointed to this Board will be required to take an Oath of Office and sign a Standards of Conduct. Meeting schedule:  Monthly, second Monday, 2 p.m

For more information, contact Luann Finley, Director of Board Services, at (813) 272-5826.

By Richard Danielson and Bill Varian, Times Staff Writers 

In Print: Tuesday, August 2, 2011

TAMPA — Last week’s confusion over a $1.2 million incentive package for Pricewaterhouse­Coopers had local officials talking Monday about creating a process that is more clear, consistent and unhurried.

“This last one did not go as smoothly as everyone would like,” said Bob McDonaugh, Tampa’s acting economic development administrator.

So officials met to discuss ways to refine the process for the future.

On July 25, several days after the Tampa City Council and Hillsborough County Commission approved the incentives, a top PricewaterhouseCoop­ers executive said the firm never considered moving its operating center out of Tampa.

That disclosure surprised several council members and commissioners who said they were led to believe that a then-unnamed financial services firm needed incentives to keep 1,633 jobs in Tampa.

State law allows the identities of companies to remain confidential while local officials negotiate incentives, but PricewaterhouseCoop­ers identified itself as the company after the subsidies were approved.

At Monday’s meeting, officials from the city and county met with executives from the nonprofit Tampa Hillsborough Economic Development Corp. and came up with at least four potential improvements:

• Giving city and county elected officials the same information in a standard format.

• Putting such requests on regular meeting agendas, giving elected officials time to review them in advance, instead of walking them on to the agendas just a day or two before the meeting as happened with the PricewaterhouseCoopers package.

• Having a staff member from the Economic Development Corp. on hand to answer questions. (EDC representatives were at the County Commission’s meeting, but didn’t speak.)

• Having the Economic Development Corp. provide elected officials with a briefing on the economic development process and how it works.

Those steps would help, City Council member Mary Mulhern said, but they wouldn’t have necessarily given elected officials the information they should have had on this project.

“We still don’t know whether they were planning to move or not,” said Mulhern, who has said that elected officials were misled.

Mulhern said local officials also need to work through other questions, including whether they should even offer incentives to companies for retaining existing jobs — as opposed to creating new ones — and whether the identities of the companies should remain confidential.

The City Council has asked its staff for a report on the process used to consider the incentive package. On Wednesday, the County Commission is expected to discuss the Pricewaterhouse­Coopers project at the request of Commissioner Sandra Murman.

After Monday’s meeting, county chief financial administrator Bonnie Wise would not say whether there will be a recommendation to proceed with the subsidy.

“Part of the problem is that we’re still under a confidentiality agreement right now,” she said.

“I think where we ended up is: This is still a good project, still a good company, good jobs.”

McDonaugh agreed, saying the proposal requires Pricewat­erhouseCoopers to invest in a new building with an estimated cost of $78 million to receive the incentives. Not only that, but the particulars of the incentives will come back in a detailed agreement for another vote.

The firm plans to move into the building, being constructed in West Shore, in 2013.

McDonaugh noted the city wouldn’t pay any incentives until 2017.

“We would have three or four years of property taxes before spending the first nickel,” he said. “The taxpayers are protected.”

Without saying the process broke down in this case, Wise said she expects officials involved in Monday’s meeting will sit down again at some point.

“We all want to coordinate and communicate better, which I think is always a good thing,” she said. “There’s always room for improvement.”